BOSWELL v. LEEMILT'S PETROLEUM, INC.


252 A.D.2d 889 (1998)

676 N.Y.S.2d 313

Thomas Boswell et al., Appellants, v. Leemilt's Petroleum, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 30, 1998


Peters, J.

In September 1988, plaintiffs purchased property next door to a gas station which was owned by defendant Leemilt's Petroleum, Inc. and leased to defendant Getty Petroleum Corporation. Shortly after taking possession, plaintiffs began to notice a smell of gasoline which, even with the windows closed, eventually permeated the house throughout the winter of 1988, getting stronger in the spring of 1989. At that time, plaintiff Thomas Boswell contacted...

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